cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dr. Patricia Rinwigati Waagstein
Contact Email
ilrev@ui.ac.id
Phone
-
Journal Mail Official
ilrev@ui.ac.id
Editorial Address
DRC Office Building F 3rd Floor, Faculty of Law University of Indonesia, Depok - 16424
Location
Kota depok,
Jawa barat
INDONESIA
Indonesia Law Review (ILREV)
Published by Universitas Indonesia
ISSN : 20888430     EISSN : 23562129     DOI : 10.15742/ilrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesia Law Review (ILREV) is an open access, double-blind peer-reviewed law journal. It was first published by the Djokosoetono Research Center (DRC) in 2011 to address the lack of scholarly literatures on Indonesian law accessible in English for an international audience. ILREV focuses on recent developments of legal scholarship, covering legal reform and development, contemporary societal issues, as well as institutional change in Indonesia. Realizing the global challenges and ever-increasing legal interaction among developing countries, ILREV also welcomes articles on legal development in the ASEAN region and the larger Global South. By that token, it aims to provide a platform for academic dialogue and exchanges of ideas between scholars and professionals, especially from the Global South. As such, ILREV encourages comparative, multidisciplinary, interdisciplinary, and other approaches to law which can enrich the development of legal scholarship not only in Indonesia but also the Global South as a whole.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 296 Documents
 23   24   25   26   27 
GENDER INEQUALITY AGAINST WOMEN FISHERS IN INDONESIA Purwanti, Ani; Wijaningsih, Dyah; Mahfud, Muh. Afif; Natalis, Aga
Indonesia Law Review Vol. 12, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study explores whether or not Law No. 7 of 2016 for the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers discriminates against women. This law supports small fishermen since it requires the government to provide them with financial stability through harvest season output guarantees. On the other hand, we discovered that Law No. 7 of 2016, about the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers, has discriminatory consequences damaging the welfare of female fishermen. Because of sociological and cultural bias, female fishermen are the most neglected segment in the fishing sector. This is in comparison to other individuals employed in the fishing industry. The Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers Act of 2016 do not recognise or compel affirmative action for women fishermen to have equal access to protection and empowerment programmes. Because the law seeks to protect and empower fishermen, fish farmers, and salt producers, this is the case. This makes it exceedingly challenging for female fishermen, who are already socially expected to remain at home and away from the fishing industry. This type of research is qualitative and collects data using a socio-legal methodology. This approach blends legal research with other types of research, including language and contextual research. People feel that patriarchal societies significantly impact the research topic, despite the fact that this is not a legal issue. The results of this study indicate that Law No. 7 of 2016, Concerning the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers, Does Not Adequately Regulate the Fulfillment of the Rights of Women Fishermen. This is because the law only addresses the topic of empowerment and does not address the aspect of protection. Because Maritime Affairs and Fisheries Service employees consider fishermen to be ship owners and crews, women in Kendal Regency, who are equivalent to men in the fishermen's insurance plan, are not eligible for fishermen's insurance and hence cannot obtain it.
The Feud of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle of Good Faith (Bona Fides) in Indonesian Courts Yonatan, Yonatan; Agustina, Rosa
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles that defend the interests of the Original Owner when suing a Good Faith Purchaser. On the other hand, the legal principle of good faith (bona fides) defends and protects Good Faith Purchaser from claims by the real Original Owner. This article discusses and presents 3 (three) main points, all of which are: firstly, analyzing the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule), and the legal principle of good faith (Bona Fides); secondly, analyzing the types of claims and determine the most appropriate type of claim for disputes over ownership of immovable property between the real Original Owner and the Good Faith Purchaser; lastly, doing an analysis on how to conceptualize good faith. The research method used in this article is normative juridical research with statutory, case and conceptual approaches. There are several research findings, namely; first, there has been a shift in the paradigm of judges who are initially more inclined to defend the Good Faith Purchaser than the real Original Owner, to become more neutral in placing the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) with the principle of good faith (Bona Fides); second, the application of procedural law practices regarding types of claims for ownership disputes between the real Original Owner and the Good Faith Purchaser, which is commonly used in practice, turns out to be inappropriate; finally, conceptualizing good faith is done by conceptualizing bad faith based on the permanent jurisprudence of court decisions. Keywords: nemo plus iuris, nemo dat, bona fides, good faith.
AN ANALYTICAL STUDY ON THE INTERVENTION OF THE LEGISLATURE TO THE CONSTITUTIONAL COURT IN INDONESIA COMPARED TO DEVELOPED COUNTRIES Agus, Mochammad Arief; Alamsyah, Andi Muhammad Irvan
Indonesia Law Review Vol. 12, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Practical improvements in the national institution context brought numerous changes regarding interactions between The Constitutional Court & The legislature including contemporary polemics. The check and balances framework is important to be noticed related to the Judge’s Independence. Aswanto’s recall as one of the Judges of the Indonesian Constitutional Court encourages us to elaborate more about the essence of independence. At the same time, checks and balances should stand out. What is the legal standing of any actions taken by the parliament to the constitutional court? How do developed countries practice the relationship between the legislature and the judiciary? The answer should be clearly explained in front of the public. To answer those questions, comparative studies were also conducted on particular advanced developed countries concerning any relationship or interventions of the legislature to the Constitutional Court or any other highest level of judicial power. The existing method is normative-juridical, a research conducted by examining various formal legal rules, using secondary data obtained through document studies or literature studies and sharpen with comparative approaches. Nevertheless, the final conclusion shows that several forms of legislative interventions are legal in Indonesia. In the context of the relationship between the legislature and the constitutional courts, the independency of Constitutional Court Justices is strictly protected among developed countries in various aspects. Those aspects are concluded as important factors that represent the image of the relationship between the house and the constitutional court. It will enhance our perspective to overview similar constraints in the future
ANALYSIS OF DISCRIMINATORY MEASURES FROM EUROPEAN UNION RENEWABLE ENERGY DIRECTIVE II TO INDONESIA AS A PALM OIL PRODUCER COUNTRY Sihotang, Enrico Denis
Indonesia Law Review Vol. 12, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

On 21 December 2018, the European Union (EU) issued a regulation titled Renewable Energy Directive II (RED II), where the RED II policy introduced the indirect land use change (ILUC) criteria for palm oil. RED II states that palm oil is classified as a commodity with a “ high ILUC risk” type, and as such, the EU will gradually reduce palm oil consumption and no longer use palm oil by 2030. Indonesia brought this issue to WTO in 2020. Indonesia, through its consultation, argued that the RED II is inconsistent with the few provisions of the General Agreement on Tariffs and Trade (GATT) 1994, particularly under the National Treatment obligation. Indonesia argued that the measures derived from the RED II policy might cause discrimination against palm oil-based biofuel, considering RED II classifies palm oil as a high ILUC-risk commodity. Such discrimination occurs by gradually reducing the use of palm oil as a material for biofuels until it reaches zero percent by 2030. Further, Indonesia assumed that the RED II policy prioritizes other vegetarian oil produced in the EU countries, such as sunflower and rapeseed. This paper will analyze whether the RED II policy may be considered discriminative measures by the EU to palm oil producer countries under WTO regulations. Hence, such RED II policy is likely inconsistent with Article III:4 of the GATT 1994 regarding National Treatment
LIABILITY RULE PRACTICES AMIDST THE PROPERTY RULE OF INDONESIAN CAPITAL MARKET Adiwarman, Adiwarman
Indonesia Law Review Vol. 12, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Shareholder protection is the most important legal issue in capital market law. Conflict of interest is one of the corporate actions in the capital market. The property rule requires independent shareholders’ approval for conflicts of interest transactions. The property rule paradigm empowers independent shareholders in the company’s decision-making process. In practice, listed companies violate the property rule and are subject to sanctions, but the rights of shareholders will be reduced due to fines imposed by the capital market authorities. A normative method is used to answer the problem of how does Indonesia enforce the conflict of interest rule in order to protect the independent shareholders? OJK enforces the law and on violations of conflicts of interest transactions. In this perspective, the liability rule principle emerges to execute the conflict of interest transaction. Recommendations from the results of this study: 1) OJK strictly asks the listed company previously to have approval from independent shareholders for conflict of interest transactions. If it does not harm the listed company, then OJK exposes administrative sanctions without a fine. For the repetitive conflict of interest transactions, OJK can give administrative sanctions with a fine to the listed company. 2) If a conflict of interest causes a loss, then OJK does not stop at enforcing the conflict of interest transactions rule, but should also include the implementation of the liability rule and compensation to shareholders. 3) The fairness of conflict of interest transactions is the determinant of the validity of the transaction. Profit and loss analysis and market price can be applied to assess the fairness of the conflict of interest transaction. 4) The Court becomes a forum to determine the value of compensation for detrimental conflicts of interest transactions.
CHOOSING NOT TO CHOOSE IS A CHOICE: A NOBLE LESSON OF THE BADUY PEOPLE IN INTERPRETING NEUTRAL CHOICES IN VOTING IN GENERAL ELECTIONS Lestari, Ratih
Indonesia Law Review Vol. 13, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Democracy can simply be interpreted as "the government of the people by the people and for the people". One of the pillars of democracy is elections, which are a means of forming power based on popular sovereignty. With elections, democracy can be run through a system that guarantees citizens the freedom to actively participate in politics. Article 22E paragraph (1) of the 1945 NRI Constitution, elections are held directly, publicly, freely, and confidentially. This means that every citizen who is already qualified has the right and freedom to choose and be selected and get the same treatment in accordance with applicable regulations. Political participation in society is interpreted differently, especially in the principle of freedom of choice. This article aims to explain how the Baduy people interpret neutrality by not participating in voting as a noble choice in the voting system in a democracy. The purpose of writing is to project a perspective on how the law should interpret the choices of how to vote in a democracy as a cultural property that must be respected. The research was conducted using a series of sociological procedures to support the process of analysis and legal reflection on the way Baduy people determine attitudes in voting mechanisms in the democratic process of elections.
THE TWO-WAY PROTECTIVE REGIME OF INTANGIBLE CULTURAL HERITAGE IN ARMED CONFLICT : APPLICATION OF MODERN LAWS IN AMALGAMATION WITH EARLIER VEDIC TRADITIONS. Saini, Shivesh
Indonesia Law Review Vol. 13, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The destruction of property has been dealt with in different conventions across International Humanitarian Law. These regulations, however, demand more clarity in light of constantly evolving warfare methods. One such aspect is the protection of digital intangible assets in several forms of armed conflict. The existing protection conferred to intangible assets is questionable and has been very little addressed in light of international law in contrast with tangible assets. Therefore, the paper seeks to demonstrate the enforceability of existing principles over intangible assets. In addition, there is explicit dependability of protection of these intangible cultural assets on cyber security. The cyber technology of contemporary times is abundantly capable to affect the social and cultural assets of the opponent adversely. Recognizing the paradigm shift, the paper entails the comprehensive efforts that should be realized to expand the applicability of international law. Concerning this, the response of the international regime mainly rests on the material aspects neglecting the spiritual aspect that could assist in safeguarding the intangible cultural assets. In this direction, the later part of the paper is concerned with the religions of the Indian-sub continent i.e. Hinduism in the Asian context. Its objective is to draw inspiration from multiple social and legal norms to further the cause of safeguarding the intangible heritage that has been disregarded for a long time. The article sought to demonstrate that cultural laws and traditions are well-equipped and more adequate in protecting the digital manifestation of these intangible assets.
REVERSAL BURDEN OF PROOF IN PROCESS OF PROVING MONEY LAUNDERING CASES IN INDONESIA Febriansyah, Artha; Zulfa, Eva Achjani; Yusuf, Muhammad; Banjarani, Desia
Indonesia Law Review Vol. 13, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The implementation of reversal burden of proof in money laundering cases still faces obstacles that cause suboptimal and ineffective in legal enforcement. It raises a debate regarding the existence of reversal burden of proof in the proving system, particularly the proof of the crime of money laundering. Based on this background, the problems in this research are related to the regulation and implementation of reversal burden of proof in the process of proving money laundering cases and the steps that can be taken in optimizing the application of reversal burden of proof in the process of proving money laundering cases. The method used in this research is normative research which is supported by empirical data. The results of the study shows that the regulation regarding the reversal burden of proof in the criminal justice system in Indonesia can be found in several Indonesian legal provisions. Regarding the implementation of the reversal burden of proof, Indonesia has several obstacles. These obstacles can be seen after researchers conducted field research on Judges and Prosecutors in Court jurisdictions who had handled money laundering cases with a nominal loss of 900 billion in Provinces that had high and medium risk of money laundering (in the vulnerable 2017 - 2019). To optimize criminal law enforcement, including the application of reversal burden of proof in the money laundering criminal justice system, it can be described based on the following variables: Legal Enforcement Knowledge Capacity; Ability to Actualize Norms; and Adequate Law Enforcement Instruments
Import Policy of Genetically Modified Organisms Versus Food Sovereignty in Indonesia Sari, Berlian
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Genetically Modified Organisms (GMOs) are a product that is traded between countries, but there is still a polemic about the risks of their consumption. Furthermore, in the trade sector, large GMO imports will undoubtedly cause losses in domestic products, particularly in the agricultural sector. This has become more urgent following changes to Law No. 11 of 2020 on Job Creation, one of which removes the import prohibition provision. As a result, this policy may be harmful and does not reflect Indonesia's efforts to achieve food sovereignty. This study is limited to examining the impact of GMO import regulations on the Job Creation Law. This is a doctrinal legal study that employs statutory and comparative approaches. According to the findings of the study, the elimination of import provisions in the Job Creation Law leads to increased GMO imports and does not achieve food sovereignty in Indonesia. As a result, it is critical to rebuilding the Job Creation Law by making imports a last resort. Without strict restrictions on the import of GMO products, this clearly harms the interests of local farmers and does not support Indonesia's food sovereignty movement.
MORALITY IN LAW: AN ANALYSIS TOWARDS THE LEGAL PHILOSOPHY AND INDONESIA NATIONAL LEGAL SYSTEM Adhari, Ade; Sitabuana, Tundjung; Aprilia, Indah Siti
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) the moral position according to naturalism, positivism, and interpretivism perspective along with the adjustment of positivism view in morality within the law; and (2) the moral position in Indonesia national legal system as every country has its own legal reasoning pattern about moral in the law. The content of this paper is analyzed using the normative juridical legal research method. The result shows that: (1) Each naturalism, positivism, or interpretivism has its own argument on how morals are found, why morals are important to be incorporated in the law, and what legal goals they most upheld; and (2) Indonesia reasoning pattern exhibits the combination of several philosophy of law schools characteristics. The position of morals in Indonesia alone, has a similarity to naturalism and interpretivism because from the very beginning of law-making process up to the implementation, Indonesia can not separate moral from the law.

Page 25 of 30 | Total Record : 296

 23   24   25   26   27 

Filter by Year

2011 2025


Reset
Filter By Issues
All Issue Vol. 15, No. 2 Vol. 15, No. 1 Vol. 14, No. 4 Vol. 14, No. 3 Vol. 14, No. 2 Vol. 14, No. 1 Vol. 13, No. 3 Vol. 13, No. 2 Vol. 13, No. 1 Vol. 12, No. 3 Vol. 12, No. 2 Vol. 12, No. 1 Vol. 11, No. 3 Vol. 11, No. 2 Vol. 11, No. 1 Vol. 10, No. 3 Vol. 10, No. 2 Vol. 10, No. 1 Vol. 9, No. 3 Vol. 9, No. 2 Vol. 9, No. 1 Vol. 8, No. 3 Vol. 8, No. 2 Vol. 8, No. 1 Vol. 7, No. 3 Vol. 7, No. 2 Vol. 7, No. 1 Vol. 6, No. 3 Vol. 6, No. 2 Vol. 6, No. 1 Vol. 5, No. 3 Vol. 5, No. 2 Vol. 5, No. 1 Vol. 4, No. 3 Vol. 4, No. 2 Vol. 4, No. 1 Vol. 3, No. 3 Vol. 3, No. 2 Vol. 3, No. 1 Vol. 2, No. 3 Vol. 2, No. 2 Vol. 2, No. 1 Vol. 1, No. 3 Vol. 1, No. 2 Vol. 1, No. 1 More Issue